Patna High Court
Dashrath MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner.
Summary
Dashrath Mandal was arrested in connection with a violent incident in Shampur where a group, allegedly including him, assaulted the son of an informant, leading to the victim's death. The prosecution charged him under Sections 126(2), 115(2), 103(1), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated, that no specific allegation of assault was made against him, and highlighted that similarly situated co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the offence. After considering the submissions and the fact that the petitioner had no prior criminal record and had been in custody since December 2025, the Court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the charge of causing death under the Bhartiya Nyaya Sanhita
- Whether the lack of a specific allegation against the petitioner warrants bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 126(2), 3(5), 352
Subjects
- bail
- criminal procedure
- homicide
- assault
- Bhartiya Nyaya Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19540 of 2026
Arising Out of PS. Case No.-156 Year-2024 Thana- SHAMPUR District- Munger
======================================================
Dashrath Mandal, Son of Late Bani Mandal @ Banarsi Mandal, Resident of
Village- Laxman Tola, Agarhan, P.S.- Shampur, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Sah, Adv.
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Shampur P.S. Case No. 156 of 2024 dated 19.11.2024 instituted
for the offence punishable under Sections 126(2), 115(2),
103(1), 352 & 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the present
F.I.R. has been lodged against seven accused persons including
the petitioners. It is alleged that co-accused Jito Mandal, in an
intoxicated condition, created a nuisance at the Kirana shop of
the informant's son, which was opposed by him. Thereafter, the
co-accused began recording a video of the incident and the
mobile phone was allegedly snatched by the informant's son.
Subsequently, the co-accused returned to the scene accompanied
Patna High Court CR. MISC. No.19540 of 2026(3) dt.13-05-2026
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by other accused persons including the petitioner, all armed with
lathi, danda and iron rod and they allegedly assaulted the
informant and his son. As a result, the informant's son sustained
grievous injuries and was taken to the hospital, where he
succumbed to the injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner further submits that
main allegation is against Bhuneshwar Mandal who assaulted
the son of the informant. There is no specific allegation of
assault against the petitioner, rather, the allegation against the
petitioner is general and omnibus. It is further submitted that
similarly situated co-accused persons, namely, Mithlesh Kumar,
Hariom @ Chotu & Pintu Mandal have been granted bail vide
order dated 05.06.2025 passed by a co-ordinate Bench of this
Court in Criminal Miscellaneous No. 34780 of 2025. Lastly, it
has been submitted that the petitioner is in custody since
23.12.2025 having no criminal antecedents. Charge-sheet has
been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
Patna High Court CR. MISC. No.19540 of 2026(3) dt.13-05-2026
3/3
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Munger in connection with Shampur P.S. Case No. 156 of
2024.
(Khatim Reza, J)
premchand/-
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